Great Falls tribune. [volume] (Great Falls, Mont.) 1887-1890, 1887-10-05
MERRITT HAVENS HELD.
The Long Examination Ended-The
Court Holds that there was
Probable Cause.

| The Havens case closed last evening.
| Mr.. Stanton called on the court to acquit
the defendent on the ground that NO facts
had been adduced which afforded proba-
| BILE cause for his detention He reviewed
| the testimony and closed strong, logical
argument, with some illustrations, show
ing the doubts which attend circumstantial
evidence.
Mr. Lewis replied for the territory. He
spoke in strong tones relative to the fail
ure of the defense to place the defendant
on the witness stand, holding that he was
best able to clear up the mystery which
he claimed surrounds the death of Mrs.
Hayens
Mr.. Brady then summed up for the de-
fense He made an argument which
lasted upwards of an hour and in it he
reviewed the evidence addueed by the
prosecution. He argued that expert
theories have weight only when consis-
tent with practice and reason; that the
three experts sworn had only agreed on
one point, viz: that the deceased died
from the bullet wound. On all other
points they had shown themselves expert
III contradictng each other, or differing SO
materially that the court must disregard
their testimony in toto. The powder
mark theory advanced by the experts was
shown to be mathematically incorrect
and impossible; from the course of the
bullet, the position Of the body and the
bed in the tent according to DIR. Fairtield's
testimony the shot could not have been
discharged by any person except such
person were ON the bed.
Mr.. Brady shov ed from measurements
that it was mathematically impossib for
any person on the bed to have fired that
shot and hold the revolver at greater
distance than 1o inches from her head,
but she, according to the evidence, could
have held it at a greater distance herself.
Why then give that as reason that the
deceased was murdered and did not com
mt suicide? However, the prosecution
tailed to prove there ever was any pow
der in the revolver and why expect TO
find any marks flom it? He argued for
cibly that such crimes never ere known
to be committed without an object, and
here there appears no object possible,
why then should the prisoner so risk his
life? Did he show any traces of guilt?
No, he seorned the advice of his comrades
to escape and seek unknown lands
while he was at liberty to do so for five
long days. He referred to the character
of the deceased; her mental arrangement;
her hab is of carrying revolver and
finally her statement day before death
that she would commit suicide next time
her husband and she had quarrel, so
that she only fulfilled her own predic
tions. 1t was all told an unhappy accu-
mutation of misfortunate circumstances.
He argued that the prisoner be released
and acquitted because the territory has
failed to make sufficient case against
him.
Mr.. Taylor summed up for the prosecu
ton. He contended that there was good
cause to detain the defendant, holding
that the burden of the medical testimony
showed that the circumstances Of the
weman's death were not consistent with
the suicide theory, which he regarded AS
device to screen the awful crime Of mur-
der. He reviewed the medical testimony,
holding that it was entitled to weight on
essential matters and concluded with a
forcibIe plea that Havens be held for the |
grand jury.
Judge Race declined to dismiss the case.
Mr.. Brady thereupon decided not to place
Havens on the stand or examine any wit
nesses, as the court had intimated that
there was probable cause for holding
Havens Judge Race then formally com
mitted Havens to await the decision of
grand jury.
Havens seemed uncoacerned at the
Judges decision. He was led back to the
cooler and was taken to-day to Benton
by Sheriff Black. Several witnesses were
bound over to appear before the grand